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Sick Leave in Conjunction with N/S Days

One of management's favorite charges in attendance cases is that there is a “pattern” of abuse of sick leave, because the record shows the employee uses sick leave in conjunction with a non-scheduled day. Often times, such a pattern can't be avoided unless you use no sick leave at all.

Let’s see the mathematical possibilities and what the employee percentages would be when the employee is on a rotating scheduled day off during a 6- week period.

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Week 1 - Only 3 days the carrier can bang in “not in conjunction with”.
Week 2 - Only 2 days.
Week 3 - Only 1 day.
Week 4 - Only 1 day.
Week 5 - Only 2 days.
Week 6 - Only 4 days.

There are 36 possible work days for ODLs. Theoretically, there are only 30 days for no list and WA carriers.
Using the possible work days the following percentages apply:
36 days with only 13 days a carrier CAN call in “not in conjunction with” is 36.1%.

This means that there are 23 days out of 36 that carriers cannot call in sick without fear of being sick and setting a pattern. This is 63.88% that any sick call would be in conjunction with an N/S day.

Using the 30 days (13 days of “not in conjunction with”) a no list or WA carrier should only be working; the percentage of days they CAN bang in is 43.33%.

There are 23 days out of 30 that carriers cannot call in sick w/conjunction with their day off. This is 76.66% that any sick call will be in conjunction with an N/S day.

If the carrier bangs in for 2 days, then the percentages escalate.

With 36 possible days there are 4 days a carrier can bang in during the 6 week period.
This means there is an 11.11% chance you CAN bang in and not be in conjunction with your N/S days.
This equates to an 88.88% chance that any 2 day sick call will be in conjunction with an N/S day.
Using the 30 possible days, and 4 days a carrier can bang in, for a Non-ODL or WA carrier, the days they bang in “not in conjunction with” is 13.33%.
This equates to an 86.66% chance any sick call would be used as a “pattern” by Management.

It is plain that when management claims an employee abused their sick leave by setting a pattern of sick days in conjunction with non-scheduled days, we should be pointing out that the odds are such that it is more difficult than not to do otherwise.

Stewards must use an affirmative defense for “pattern” attendance issues. Show by documentation how Management’s allegation of a “pattern” is not supported by simple mathematics. The chances a carrier that bangs in when he is sick is much greater it is in conjunction with an N/S day. Once it becomes two days of sick leave it is almost impossible to not be linked to a day off.

I’ve got a headache now…what’s that sick call number?...........

Denny Belden

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